10 U.S.C. § 8043 — Commandant of the Marine Corps

Page 3160 TITLE 10—ARMED FORCES § 8043 1 See References in Text note below. (4) as directed by the Secretary or the Com- mandant, coordinate the action of organiza- tions of the Marine Corps; and (5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5042; renumbered § 8042 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5042 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 8014’’ for ‘‘section 5014’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8043. Commandant of the Marine Corps (a)(1) There is a Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate. The Com- mandant shall be appointed for a term of four years from the general officers of the Marine Corps. He serves at the pleasure of the Presi- dent. In time of war or during a national emer- gency declared by Congress, he may be re- appointed for a term of not more than four years. (2) The President may appoint an officer as Commandant of the Marine Corps only if— (A) the officer has had significant experience in joint duty assignments; and (B) such experience includes at least one full tour of duty in a joint duty assignment (as de- fined in section 664(f) 1 of this title) as a gen- eral officer. (3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest. (b) The Commandant of the Marine Corps, while so serving, has the grade of general with- out vacating his permanent grade. [(c) Repealed. Pub. L. 104–106, div. A, title V, § 502(c), Feb. 10, 1996, 110 Stat. 293.] (d) Except as otherwise prescribed by law and subject to section 8013(f) of this title, the Com- mandant performs his duties under the author- ity, direction, and control of the Secretary of the Navy and is directly responsible to the Sec- retary. (e) Subject to the authority, direction, and control of the Secretary of the Navy, the Com- mandant shall— (1) preside over the Headquarters, Marine Corps; (2) transmit the plans and recommendations of the Headquarters, Marine Corps, to the Sec- retary and advise the Secretary with regard to such plans and recommendations; (3) after approval of the plans or rec- ommendations of the Headquarters, Marine Corps, by the Secretary, act as the agent of the Secretary in carrying them into effect; (4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chap- ter 6 of this title, over such of the members and organizations of the Marine Corps and the Navy as the Secretary determines; (5) perform the duties prescribed for him by sections 171 and 3104 of this title and other provisions of law; and (6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of De- fense, or the Secretary of the Navy. (f)(1) The Commandant shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. (2) To the extent that such action does not im- pair the independence of the Commandant in the performance of his duties as a member of the Joint Chiefs of Staff, the Commandant shall in- form the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Navy. (3) Subject to the authority, direction, and control of the Secretary of Defense, the Com- mandant shall keep the Secretary of the Navy fully informed of significant military operations affecting the duties and responsibilities of the Secretary. (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5043; amended Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102–190, div. A, title V, § 505(b), Dec. 5, 1991, 105 Stat. 1358; Pub. L. 104–106, div. A, title V, § 502(c), Feb. 10, 1996, 110 Stat. 293; Pub. L. 108–136, div. A, title V, § 501(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(C), Nov. 25, 2015, 129 Stat. 880; renumbered § 8043 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.) Editorial Notes REFERENCES IN TEXT Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5201 of this title prior to enactment of Pub. L. 99–433. AMENDMENTS 2021—Subsec. (e)(5). Pub. L. 116–283, § 1847(e)(6)(B), which directed substitution of ‘‘, 3103, and 4274’’ for Page 3161 TITLE 10—ARMED FORCES § 8045 ‘‘and 2547’’, was repealed by Pub. L. 117–81, § 1701(r)(1)(B). Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted ‘‘and 3104’’ for ‘‘and 2547’’. 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5043 of this title as this section. Subsec. (d). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8013(f)’’ for ‘‘section 5013(f)’’. 2015—Subsec. (e)(5). Pub. L. 114–92 substituted ‘‘sec- tions 171 and 2547’’ for ‘‘section 171’’. 2003—Subsec. (a)(1). Pub. L. 108–136 substituted ‘‘from the general officers of the Marine Corps’’ for ‘‘from offi- cers on the active-duty list of the Marine Corps not below the grade of colonel’’. 1996—Subsec. (c). Pub. L. 104–106 struck out subsec. (c) which read as follows: ‘‘An officer who is retired while serving as Commandant of the Marine Corps, or who, after serving at least two and one-half years as Commandant, is retired after completion of that serv- ice while serving in a lower grade than general, may, in the discretion of the President and by and with the ad- vice and consent of the Senate, be retired with the grade of general.’’ 1991—Subsec. (c). Pub. L. 102–190 inserted ‘‘and by and with the advice and consent of the Senate’’ after ‘‘President’’. 1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted ‘‘full tour of duty in a joint duty assignment (as de- fined in section 664(f) of this title)’’ for ‘‘joint duty as- signment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF For provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Pub. L. 99–433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title. § 8044. Assistant Commandant of the Marine Corps (a) There is an Assistant Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Ma- rine Corps not restricted in the performance of duty. (b) The Assistant Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade. (c) The Assistant Commandant has such au- thority and duties with respect to the Marine Corps as the Commandant, with the approval of the Secretary of the Navy, may delegate to or prescribe for him. Orders issued by the Assistant Commandant in performing such duties have the same effect as those issued by the Commandant. (d) When there is a vacancy in the office of Commandant of the Marine Corps, or during the absence or disability of the Commandant— (1) the Assistant Commandant of the Marine Corps shall perform the duties of the Com- mandant until a successor is appointed or the absence or disability ceases; or (2) if there is a vacancy in the office of the Assistant Commandant of the Marine Corps or the Assistant Commandant is absent or dis- abled, unless the President directs otherwise, the most senior officer of the Marine Corps in the Headquarters, Marine Corps, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Commandant until a successor to the Commandant or the Assistant Commandant is appointed or until the absence or disability of the Commandant or Assistant Commandant ceases, whichever occurs first. (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1054, § 5044; renumbered § 8044, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5202 of this title prior to enactment of Pub. L. 99–433. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5044 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8045. Deputy Commandants There are in the Headquarters, Marine Corps, not more than eight Deputy Commandants, de- tailed by the Secretary of the Navy from officers on the active-duty list of the Marine Corps. (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1054, § 5045; amended Pub. L. 106–398, § 1 [[div. A], title IX, § 902(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–224; Pub. L. 107–314, div. A, title IX, § 934, Dec. 2, 2002, 116 Stat. 2626; Pub. L. 114–328, div. A, title V, § 503(c), Dec. 23, 2016, 130 Stat. 2107; renumbered § 8045, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834; Pub. L. 118–159, div. A, title V, § 509A, Dec. 23, 2024, 138 Stat. 1872.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 substituted ‘‘not more than eight Deputy Commandants’’ for ‘‘not more than seven Deputy Commandants’’. 2018—Pub. L. 115–232 renumbered section 5045 of this title as this section.